متي تدفع ضريبة التصرفات العقارية ( البائع والمشترى) الحلقة رقم ١٠٠

A social legal channel that addresses the most important issues in Egyptian society by providing legal consultations in all areas of law and for all types of cases. In this episode, we discuss the topic of real estate transaction tax in a simplified manner. Who is obligated to pay it, and is it permissible not to pay it legally? Who is obligated to pay the 2.5% tax on real estate transactions, sales contracts, and tax-exempt transactions? What is the real estate transaction tax, and how to pay the real estate transaction tax? Learn the details of the implementation of the real estate transaction tax. Presidential Decree issuing Law No. 158 of 2018 amending the provisions of Income Tax Law No. 91 of 2005, following its approval by the House of Representatives. (Imposing a tax of 2.5% without any reduction on the total value of the disposal of built real estate or land for construction, except for villages, whether the disposal is in its original condition or after the construction of facilities, whether this disposal includes the entire property or a part thereof, a residential unit thereof, or otherwise, whether the facilities are erected on land owned by the taxpayer or by a third party, and whether the contracts for these disposals are public or private.) Exempted from the disposals subject to this tax are the offering of the property as an in-kind share in the capital of joint-stock companies, provided that the corresponding shares are not disposed of for a period of five years. The disposer is obligated to pay the tax within thirty days from the date of the disposition. The late payment penalty stipulated in Article (110) of the Income Tax Law shall apply from the day following the expiry of the specified period. The disposer shall be jointly liable for the payment of this tax and the late payment penalty, without prejudice to the disposer's right to recover from the disposer the value of the tax and the late payment penalty paid. According to Article (42), real estate registration offices, courts, electricity and water companies, local government units, and other entities shall refrain from registering the property or providing services to the property subject to the disposition unless the interested party provides evidence that the tax on this property has been paid. The article also stipulates that: In applying the provisions of this article, a disposition by will, donation, or gift to third parties (parents, spouses, or descendants), or the establishment of a usufruct right over the property or its lease for a period exceeding fifty years shall be considered a taxable disposition. Forced sales, whether administrative or judicial, as well as expropriation for public benefit or improvement, shall not be considered a taxable disposition. Similarly, a disposition by donation or gift to the government, local government units, public legal entities, or projects shall not be considered a taxable disposition. For the public benefit. The article stipulates that "the amount paid of this tax shall be deducted from the total taxes due from the taxpayer in the event that Clause (7) of Article (19) of the Income Tax Law and its amendments is applied." According to the text of Law No. 91 of 2005 and its amendments No. 1 of 2013, its Executive Regulations No. 991 of 2005, and Circular No. 16 of 2014, the following are exempt from paying the tax: - Housing or land intended for construction in villages. - Heirs who have acquired ownership through inheritance in the same condition as at the time of inheritance. Providing the property as an in-kind share in the capital of joint-stock companies, provided that the corresponding shares are not disposed of for a period of five years. - Donations and gifts to relatives, whether ascendants or descendants, and compulsory sales. - Real estate expropriated for the public benefit, and donations of real estate to government agencies and state bodies. - Real estate purchased from real estate companies, real estate developers, or state housing projects. - Agricultural and non-prepared land. For construction, because it pays agricultural land tax. ➖ Do you want to sign a contract and are worried about its legal loopholes? Are you afraid of being defrauded and want to protect your rights? ➖ Do you have a family problem (khul' - divorce - alimony - access to the marital home - want a list - visitation - custody)? With us, your problem will be solved, God willing. ➖ Did you buy an apartment, land, or villa and want to register it, or are facing problems? Call us and we will solve it. ➖ Have you been defrauded of money and don't know how to get it? ➖ Did you discover you have a judgment against you and don't know what to do? We have the solution. ➖ Do you want to establish a company, factory, or any individual business and don't know where to start? ➖ With us, you will receive your company's complete paperwork as quickly as possible. We will solve other issues and incidents. The o...